Project Description

Will I Get A Patent?

One question that I regularly get asked by startup CEOs is, “How do I know if I’ll receive a patent?” Startups are often concerned that they will invest valuable capitol into a patent application and then fail to receive an issued patent from the Patent Office. To answer this question, let’s look at the percentage of patent applications that become issued patents and ways you can improve the odds of your patent application becoming an issued patent.


The Allowance Rate:

Currently, the allowance rate for all patent applications at the Patent Office is around 70%. That means that statically 7 of 10 patent applications filed will eventually become a patent.

“70% of patent applications become issued patents”

How Can I Improve My Odds?

There are a number of ways that you can increase the odds of your patent application being part of the 70% of patent applications that become issued patents. First, the more “features” of your invention that your patent application contains, the easier it will be for a patent attorney to negotiate with the Patent Office for your patent. For example, if I was going to file a patent application for the highlighter I would want to disclose different variations of my highlighter in case someone had filed a patent application on a highlighter before me. I might disclose that the highlighter could include a grip in the center of the handle or I might disclose that the highlighter could have a push button on the back to cause the highlighter felt tip to extend out of the handle. By adding these additional features, my patent attorney can use them as fall-back amendments in case someone had already patented the brand concept of a highlighter.